LAKHAN DAS Vs. PUNNI LAL

JUDGEMENT

(1.) BY this revision under Section 115, Civil Procedure Code, the applicant impugnes the order dated 16. 2. 1993 of the Claims Tribunal at Kawardha whereby his application for joinder as a party to the claim case has been rejected on the ground of limitation.

(2.) IT is not in dispute that the claim arises out of a motor accident which took place on 15. 4. 1988 prior to the coming into force of Motor Vehicles Act, 1988, which came into force on 1. 7. 1989. To the accident in question the provisions of Motor Vehicles Act, 1939 (now repealed) would apply.

(3.) THE applicant claims to be the husband of the deceased, although his status as husband has been denied by the other claimants who have preferred the claim. Whether there was a valid marriage or valid divorce between the applicant and deceased is a question which is yet to be decided. According to the learned Judge of the Claims Tribunal, on the date the application by the applicant to be added as one of the claimants was filed it was barred by limitation as provided in Sub-section (3) of Section 110-A of 1939 Act. It is also stated by the Claims Tribunal that the delay in preferring the claim has also not been satisfactorily explained.